224 Pa. Super. 484 | Pa. Super. Ct. | 1973
Opinion by
Appellant asks that his sentence be vacated on the ground that the lower court erred in accepting his guilty plea.
The colloquy between the lower court and appellant Avas as follows: “The Court: First of all, I think I should say, Mr. Shank, are you entering this plea of your own free will? The Defendant: I am entering this plea because I have been in jail. I made a change in myself. I see I can not get a fair trial here. And — • The Court: You would not get a fair trial here? The
Appellant’s argument is that a court may not accept a guilty plea unless accompanied by an unqualified admission of guilt, and that his plea was “ambiguous at best.”
The cases holding that a guilty plea should not be accepted if the defendant asserts facts that might constitute a defense, Commonwealth v. Blackman, 446 Pa. 61, 285 A. 2d 521 (1971) ; Commonwealth v. Sampson, 445 Pa. 558, 285 A. 2d 480 (1971); Commonwealth v. Roundtree, 440 Pa. 199, 269 A. 2d 709 (1970), are based on the principle that a person cannot intelligently plead guilty if he is unaware that he has a defense. “It is axiomatic that, for a plea of guilty to be constitutionally valid, it must be the voluntary and intelligent act of the maker.” Commonwealth v. Cottrell, 433 Pa. 177, 178, 249 A. 2d 294 (1969).
Commonwealth v. Thomas, 221 Pa. Superior Ct. 418, 293 A. 2d 615 (1972), reversed by the Supreme Court at 450 Pa. 548, 301 A. 2d 359 (1973), is not to the contrary. There this Court set aside the sentence where the defendant, charged with possession and sale of drugs, pleaded guilty but later told the judge that he had never sold or used drugs. The Supreme Court reversed because the protestation of innocence was not made until thirty-five days after the plea was validly accepted, just before sentencing; the court made no comment on whether it would have been error to accept the plea if the protestation had been made at the time of the plea.
Thus, what must be decided in each case is whether the defendant understands what he is doing; and on review the appellate court will look to the colloquy to determine whether he did.
In the present case it sufficiently appears that appellant did under stand what he was doing. It would have been better for the lower court or counsel to de
The order of the lower court is affirmed.